Chemical Mazdoor Union v. The Official Liquidator High Court Bombay

ca 341 of 2014 (918).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.341 OF 2014 IN COMPANY PETITION NO.1176 OF 2001 Chemical Mazdoor Union ...

Applicant and Indian Link Chain Manufacturers Ltd.

...

Petitioner versus The Official Liquidator of M/s. Navinon Ltd.

...

Respondent Mr. C.V.Jovesn i/by Mr. K.P.Anilkumar, for Applicant. Mr. Sharan Jagtiani, for Official Liquidator. Ms. Pratibha, Asstt. Official Liquidator, present. CORAM: S.J. KATHAWALLA, J.

DATE: 29th APRIL, 2015 P.C.

1.

By the above Company Application, the Applicant seeks the following relief :

(a) that this Hon'ble Court may be pleased to direct the Official Liquidator to release the payment of the members whose names are mentioned in Exhibit A to the Affidavit who are employees of M/s. Navinon Ltd. (India Dyestuff Industries Ltd. ) immediately;

2.

The learned Advocate for the Official Liquidator informs the Court that since the workers whose names are mentioned in Exhibit A to the ssp 1/2

ca 341 of 2014 (918).sxw above Company Application, have not produced the required documentary evidence in support of their claims, 127 out of 134 claims, have been rejected. It appears that the balance seven claims have not been adjudicated. In view thereof, the following order is passed :

(i) All the 134 workers whose names appear in Exhibit A to the Application shall hand over all the documents available with them in support of their claims to the Official Liquidator within a period of 10 weeks from the date of this order.

(ii) The Official Liquidator shall start adjudicating the claims immediately upon receipt of the same and shall pass adjudication orders within four weeks from the date of receipt of each claim from the workers. All contentions of the parties are kept open. (iii) The Company Application is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2